<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 9

1) That the report entitled “Award of Tender #071-T-09 2009 Relining the Cast Iron and Ductile Watermains” be received; and,

2) That the contract for 2009 Relining of Cast Iron and Ductile Iron Watermains be awarded to the lowest qualified priced bidder, Fer-Pal Construction Ltd. in the total amount of $948,891.49 exclusive of GST; and,

3) That a contingency in the amount of $94,889.00 exclusive of GST be established to cover any additional construction costs and that the General Manager of Waterworks be authorized to approve expenditure of this contingency amount up to the specified limit; and,

4) That this contract be drawn from the 2009 Capital Budget Account 053-6150-9285-005 “Cement Relining Iron Watermain” in the amount of $1,200,000.00; and,

5) That upon completion of the project the remaining funds be returned to the original funding source; and further,

6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(3) PROPOSED AMENDMENTS
TO PURCHASING BY-LAW (7.9)

Report Presentation

1) The report entitled “Revisions to Purchasing By-Law 2004-341” be received; and,

2) The Town of Markham Purchasing By-Law 2004-341 be amended as outlined in the attached staff report; and further,

3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2009-55)

CARRIED

(4) MAY 2009- CANCELLATION REDUCTION
OR REFUND OF TAXES UNDER
SECTIONS 357 AND 358 OF THE MUNICIPAL ACT (7.3)

1) That the taxes totalling $19,060.37 be adjusted under Section 357 (in the amount of $12,535.37) and Section 358 (in the amount of $6,525.00) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $3,505.29; and,

2) That the associated interest is cancelled in proportion to the tax adjustments; and,

3) That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,

4) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(5) GALLERY EXPANSION REPORT (6.9)

Report 1

1) That the report entitled “Varley Art Gallery of Markham Expansion” be received; and,

2) That Jerome Markson Architects be authorized to proceed with the Varley Art Gallery Expansion detailed design, Site Plan Application and Tendering for the Project; and,

3) That Site Plan Approval be delegated to the Director of Planning or her designate; and,

4) That Staff report back to General Committee to present the final design and to award the construction contract for the project; and further,

5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

6(b) REPORT NO. 37 - DEVELOPMENT SERVICES COMMITTEE (May 12, 2009)

Council consented to separate Item No. 1 and to approve minor amendments as recommended by staff.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 37 - Development Services Committee comprised of 1 item be received and adopted.

(1) BOX GROVE MOBILITY HUB (10.0)

Map Presentation

Whereas the Town of Markham, in the Box Grove and Cornell Secondary Plans, has identified opportunities for high quality employment lands in the vicinity of Highway 407 and the Donald Cousens Parkway; and,

Whereas the Box Grove Secondary Plan specifically identifies the Business Park lands bounded by the Donald Cousens Parkway, Highway 407, Reesor Road and the CPR Havelock Line as a “Regional Gateway”, as a potential site for a regionally scaled transportation gateway, intended to become a transfer point among various modes of local (YRT), regional (VIVA) and interregional (407 Transitway and Havelock Go Transit) transit facilities; and,

Whereas the Box Grove Secondary Plan further provides that development of the Regional Gateway shall be integrated with, and include employment generating land uses and shall be planned on a comprehensive basis with zoning approval based on an urban design concept satisfactory to the Town; and,

Whereas the regional transportation plan recently approved by Metrolinx (The Big Move Transforming Transportation in the Greater Toronto and Hamilton Areas) confirms the opportunity for a future “Mobility Hub” and convergence point for future GO Rail service (CPR Havelock Line), Highway 407 Transitway, and York Region rapid transit services along Highway 7; and,

Now therefore be it resolved:

1) That staff advance the Town’s timeline to correspond with the Metrolinx and Region of York Timelines; and,

2) That the Council of the Town of Markham request Town staff to initiate a Study proposal as outlined in their presentation, and in the context of the Town’s upcoming 2010 Capital Budget Process, to engage a multi-disciplinary consultant team to undertake a Land Use, Transportation and Urban Design Study for the Cornell Centre/Box Grove and Steeles Avenue Mobility Hub areas (with an early phase that focuses on the Cornell vs. Box Grove transit station requirements) to ensure that the areas are well positioned for mixed use and employment intensification and ensuring Metrolinx transit investment in a timely manner.

CARRIED

6(c) REPORT NO. 38 - DEVELOPMENT SERVICES COMMITTEE (May 19, 2009)

Council consented to separate Item No. 4 regarding the zoning by-law amendment application for 2 Peter Street and to consider this item immediately following the delegations regarding this matter.

Moved by Councillor J. Webster

Seconded by Councillor D. Horchik

That Report No. 38 - Development Services Committee comprised of 5 items be received and adopted, except item No. 4. (See following Item No. 4)

(1) URBAN DESIGN AWARDS PROGRAM (10.0)

Report Appendix A Appendix B

1) That the staff report entitled Urban Design Awards Program, dated May 19, 2009, be received; and,

2) That the Urban Design Awards rotation timeline be amended from a 3-year rotation to a 4-year rotation to encourage more high quality built projects to be submitted and to reflect the celebration of projects within each 4 year term of Council; and,

3) That the next Urban Design Awards program scheduled for 2009 be amended to take place in 2010 on the basis of the new 4-year rotation; and further,

4) And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(2)        WISMER MARKHAM DEVELOPMENTS INC.
            SOUTH OF MAJOR MACKENZIE DRIVE,
            WEST OF HIGHWAY 48
            WISMER COMMONS COMMUNITY
            IMPLEMENTING ZONING BY-LAW AMENDMENTS
            FOR THE FINAL PHASE OF A DRAFT PLAN OF SUBDIVISION
            (ZA 08 121722 AND SU 02 113757)
            (19TM-02008 – FINAL PHASE) (10.5)

Report Attachment

1) That the report entitled “Recommendation Report, Wismer Markham Developments Inc., South of Major Mackenzie Drive, west of Highway 48, Wismer Commons community, Implementing Zoning By-law amendments for the final phase of a draft plan of subdivision, File No’s.: ZA 08 121722 and SU 02 113757 (19TM-02008 – Final Phase)”, dated May 19, 2009 be received; and,

2) That application ZA 08 121722 for amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, be approved; and,

3) That the draft amendments to Zoning By-laws 304-87, as amended and 177-96, as amended, attached to this report (Appendices A and B) be finalized and enacted without further notice; and,

4) That conditional 2011 servicing allocation for 91 units (336.7 pop.) be granted to plan of subdivision 19TM-02008 – Final Phase, from the total allocation for the Wismer Commons community, assigned in accordance with the February 12, 2008 report on servicing allocation; and further,

5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(3) SERVICING ALLOCATION UPDATE (5.5)

1) That the May 19, 2009 report entitled “Servicing Allocation Update” be received; and,

2) That Markham Council redistribute Real Allocation as noted in Table 2 and previously distributed 2011 Conditional Allocation as noted in Table 3; and,

3) That Markham Council distribute additional 2011 conditional servicing allocation as noted in Table 4 and shown in detail in Attachment “A” to this report; and,

4) That conditions for distribution of the Town Reserve and 2011 conditional allocation as noted in Table 6 be endorsed and Staff be authorized to update these conditions at the draft plan/site plan approval stage; and,

5) That staff, after receiving input from the development community, report back to Committee regarding the opportunity to convert specific high density development projects noted in Table 7 from “real” allocation to 2011 “conditional” allocation (July 1, 2009 building permit trigger), and to transfer real allocation to low density projects to be determined; and,

6) That staff be authorized to apply the LEED servicing allocation benefit as outlined in the report; and,

7) That the written submissions regarding servicing allocation, included in Attachment “B“, be received; and further;

8) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

(4)        ZONING BY-LAW AMENDMENT APPLICATION
            TO REDUCE MINIMUM LOT FRONTAGE REQUIREMENT
            2 PETER STREET, MARKHAM
            (ZA 08 117730) DEBORAH BOYLAN (10.5)

Report Attachment

1) That the petition submitted by Mr. Donald Hindson, Cattamach Hindson, on behalf of the area residents on Peter Street, at the May 19, 2009 Development Services Committee meeting, be received; and,

2) That the correspondence submitted by Carol and Eric Wheeler, Eric and Wendy Green, Matthew Moore and Greg Chitilian at the May 19, 2009 Development Services Committee meeting, be received; and,

3) That the petition submitted by the area residents on Peter Street at the May 26, 2009 Council meeting, be received, and further,

4) That the delegations of Rutherford Spraggon, Dianne More of Markham Village Conservancy, Cathy Fullarton, Gary Wharton, Eric Green and Donald Hindson of Cattanach Hindson Sutton VanVeldhuizen presented at the May 26, 2009 Council meeting, be received.

CARRIED

(Councillor C. Moretti abstained)

(See following motion to consider the matter)

(See following motion for Clause Nos. 1 to 4 which were carried)

(See following motion for Clause Nos. 5 & 6
which were lost by a recorded vote) (5:5)

Council consented to separate the proposed motion for voting purposes.

Motion to consider the matter regarding 2 Peter Street:

Moved by Deputy Mayor J. Heath

Seconded by Councillor J. Webster

That Council consider Item No. 4 regarding the zoning by-law amendment application for 2 Peter Street immediately following the delegations for this matter.

CARRIED

Motion to consider proposed Clause Nos. 1 to 4 which were carried:

Moved by Deputy Mayor J. Heath

Seconded by Councillor L. Kanapathi

That the following proposed Clause Nos. 1 to 4 regarding the zoning by-law amendment application for 2 Peter Street be approved:

1) That the petition submitted by Mr. Donald Hindson, Cattamach Hindson, on behalf of the area residents on Peter Street, at the May 19, 2009 Development Services Committee meeting, be received; and,

2) That the correspondence submitted by Carol and Eric Wheeler, Eric and Wendy Green, Matthew Moore and Greg Chitilian at the May 19, 2009 Development Services Committee meeting, be received; and,

3) That the petition submitted by the area residents on Peter Street at the May 26, 2009 Council meeting, be received, and further,

CARRIED

Motion to consider proposed Clause Nos. 5 and 6 which were lost by a recorded vote:

Moved by Deputy Mayor J. Heath

Seconded by Councillor L. Kanapathi

That the following proposed Clause Nos. 5 and 6 regarding the zoning by-law amendment application for 2 Peter Street be approved:

5) That the zoning by-law amendment application (file ZA 08 117730) to reduce the minimum lot frontage requirement at 2 Peter Street, Markham Village Heritage Conservation District be denied; and,

6) That Staff be authorized and directed to do all things necessary to give effect to this resolution."

LOST

(See following recorded vote) (5:5)

YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero. (5)

NAYS: Regional Councillor J. Jones, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (5)

ABSTAINED: Councillor C. Moretti. (1)

ABSENT: Regional Councillor T. Wong, Councillor J. Virgilio. (2)

(5) BOX GROVE COLLECTOR ROAD
HIGHWAY 407 TO BOX GROVE BY-PASS (5.10)

Report Attachment

1) That the staff report entitled “Box Grove Collector Road – Highway 407 to Box Grove By-pass”, dated May 19, 2009, be received; and,

2) That the construction of a municipal four lane urban collector road from Hwy 407 to the Box Grove By-pass be endorsed; and,

3) That the Region of York be advised that the Town of Markham will accept the ownership of the Box Grove Collector Road from Hwy 407 to the Box Grove By-pass; and,

4) That the Region of York be requested to transfer the 36m right of way for the Box Grove Collector Road from 14^th Avenue to the Box Grove By-pass to the Town of Markham for nominal consideration for the 20m right-of-way component; and,

5) That the Town of Markham reimburse the Region of York for the additional 16m right-of-way property (36m vs. 20m) as part of the property negotiations with the Vettese draft plan owner, to an upset limit of $1,473,480 from the Engineering Department Capital Account # 083-5350-7071-005 (Development Charges funded); and,

6) That upon future Regional Council request for the transfer of the Box Grove Collector Road from Highway 407 to the Box Grove By-pass, such right of way be re-conveyed to the Region of York for nominal consideration; and,

7) That the Mayor and Clerk be authorized to execute any agreements or financial arrangements with the Region of York and Box Grove Developers required to give effect to this resolution to the satisfaction of the Chief Administrative Officer, Town Solicitor and Town Treasurer; and,

8) That Staff be authorized and directed to do all things necessary to give effect to this resolution; and further,

9) That the Region of York be advised accordingly.

CARRIED

6(d) REPORT NO. 39 - GENERAL COMMITTEE (May 25, 2009)

Council consented to add Report No. 39.

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That Report No. 39 - General Committee comprised of 1 item be received and adopted.

(1) RECREATIONAL INFRASTRUCTURE
CANADA FUNDING PROGRAM (6.0 &7.0)

Presentation

1) That the presentation by Mr. J. Lustig, Director of Financial and Client Services, be received; and,

2) That the Town of Markham make application under the Recreational Infrastructure Canada program for the following three projects:

A. Indoor Soccer Field – Synthetic Surface (Saint Roberts Catholic Secondary School) ($3.2M):

- Replacement of an existing soccer field with an artificial turf field

- Addition of a bubble structure to cover new artificial turf field

- This is a joint venture project with the York Region Catholic District School Board who will be providing the land for the field

B. Indoor Tennis Courts (Angus Glen Community Centre) ($1.7M):

- Placing a bubble over 4 tennis courts being constructed in 2009

- Adding a clubhouse facility to support indoor tennis courts

C. Artificial Ice Rink – Outdoor Skating (Civic Centre) ($3.5M):

- Natural ice surface (close to 42,000 sq ft in size)

- Building to house refrigeration equipment associated with ice surface, as well as storage and dressing rooms.

CARRIED

7. MOTIONS

Council consented to add Motion Item No. 1.

(1) UNIONVILLE VILLAGE FESTIVAL GRANT (7.6)

Moved by Deputy Mayor J. Heath

Seconded by Regional Councillor J. Jones

1) That a grant in the amount of $500.00 be allocated for the Unionville Village Festival from the Account No. 220-220-7802.

CARRIED

(2/3 VOTE WAS REQUESTED & OBTAINED)

(See following motion to consider)

Moved by Regional Councillor J. Jones

Seconded by Councillor C. Moretti

That Council consent to the introduction of a motion regarding grant request for Unionville Village Festival.

CARRIED

8. NOTICES OF MOTIONS

There were no notices of motions.

9. COMMUNICATIONS

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That Council receive and consent to the disposition of communications in the following manner:

Referred to all Members of Council

25-2009 Mr. Donald Hindson, Cattanach Hindson Sutton VanVeldhuizen LLP - Requesting Council to call a recorded vote when the item regarding Zoning By-law Amendment Application for 2 Peter Street is being considered. (10.5)

(Item No. 4, Report No. 38)

Letter (Councillor C. Moretti abstained)

26-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for 1381764 Ontario Inc./Asian Legend, 505 Highway No. 7 East, Units 75-79 (Change of ownership and expansion of exiting areas - New indoor licence). (3.21)

27-2009 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for India's Taste Fine Indian Cuisine & Sweets, 680 Denison Street (Change of ownership - Previously licenced indoor areas). (3.21)

28-2009 Paul Kearns, Markham District Veterans Association - Requesting an approval from the Town of Markham to temporarily extend their existing liquor licence to the parking lot area at 7 Washington Street. The extension will be used in conjunction with the Markham Village Music Festival on June 20, 2009 from 1:00 p.m. to 11:00 p.m. (3.21)

29-2009 Ed Joaquin, Chairman, Markham Village Music Festival Committee - Forwarding a request to close various streets to facilitate the 2009 Markham Village Music Festival as follows:

Dates and times

June 19, 2009 - 4:00 p.m. to 11:00 p.m.

June 20, 2000 - 7:00 a.m. to 7:00 p.m.

Streets

a) Main Street Markham north from Highway 7 to South of Parkway Avenue

b) Access east from Main Street Markham is closed to

- Centre Street

- Robinson Street

c) Access west from Main Street Markham is closed to

- Thompson Court

- Dublin Street

- Robinson Street

- Wilson Street

d) Robinson Street West from Main Street Markham to Water Street. (3.5.2)

10. PROCLAMATIONS

(1) PROCLAMATIONS (3.4)

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

1) That the following be proclaimed in the Town of Markham:

- Pride Week (June 7 to 14, 2009)

- Unionville Village Festival Month (June 2009); and

2) That the Communications and Community Relations Department be requested to publish the above proclamations in the local newspapers; and further,

3) That approval be given to the York Pride Fest Committee to raise the Rainbow Flag at the Town of Markham Civic Centre flagpole for the duration of the Pride Week.

CARRIED

11. NEW/OTHER BUSINESS

Council consented to add New/Other Business Item No. 2.

(1)        KYLEMORE POST ROAD LIMITED (VILLAGE GROCER)
            4472 & 4476 16^TH AVENUE
            OP 08 129443 & ZA 08 118671 (10.3, 10.5 & 10.6)

Memo OP and By-laws

Moved by Councillor D. Horchik

Seconded by Regional Councillor J. Jones

Whereas a Public Meeting was held on February 3, 2009 for Official Plan and Zoning Amendments to permit a commercial building at 4472 & 4476 16^th Avenue, in the COMMERCIAL – Community Amenity Area designation and Community Area Four (CA4) zone, respectively; and,

Whereas Council at the Public Meeting determined that a more appropriate Official Plan designation and zoning category would be URBAN RESIDENTIAL – Neighbourhood Commercial and Neighbourhood Commercial Three (NC3) respectively; and,

Whereas the proposal about which information was provided to the public dated February 3, 2009 has not changed;

Now therefore be it resolved:

1) That no further notice be given in respect to the Official Plan Amendment and Zoning By-law Amendment to permit a commercial building at 4472 and 4476 16^th Avenue; and,

2) That the Official Plan Amendment and Zoning By-law Amendment to permit a commercial building at 4472 and 4476 16^th Avenue be enacted.

(By-laws 2009-56 to 2009-58)

CARRIED

(2)        AWARD OF TENDER 139-T-09 CROSBY
            MEMORIAL COMMUNITY CENTRE ARENA
            PAD REPLACEMENT (7.12.3)

Moved by Regional Councillor G. Landon

Seconded by Regional Councillor J. Jones

1) That the report entitled “Award of Tender 139-T-09 Crosby Memorial Community Centre Arena Pad Replacement” be received; and,

2) That the contract for 139-T-09 Crosby Memorial Community Centre Arena Pad Replacement be awarded to Canada Construction Limited, the lowest priced bidder in the amount of $661,000.00 inclusive of Option 1 & 2 and exclusive of GST; and,

3) That a separate purchase order in the amount of $33,050.00 exclusive of GST be issued for contingency to cover any additional fees and that the Director of Recreation be authorized to approve expenditure of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,

4) That the award be funded from the 2009 Recreation Department Capital Project 070-6150-9139-005 Crosby Arena Floorboards & Refrig. Equipment Replacement in the amount of $694,050.00; and further,

5) That the remaining balance in account 070-6150-9139-005 in the amount of $80,950.00 be returned to the original funding source after completion of the project.

CARRIED

12. BY-LAWS

Moved by Councillor A. Chiu

Seconded by Councillor J. Webster

That By-laws 2009-55 to 2009-61 be given three readings and enacted.

Three Readings

BY-LAW 2009-55 A by-law to amend Town of Markham Purchasing By-law 2004-341 (To reflect current business needs and to implement the recommendations of E3 Focus Group).

(Item No. 3, Report No. 36)

BY-LAW 2009-56 A by-law to adopt an Official Plan Amendment No. 177 (Kylemore Post Road Limited [Village Grocer], 4472 and 4476 16^th Avenue - To allow for the construction of a supermarket with offices on the second floor).
(Other Business Item No. 1)

BY-LAW 2009-57 A by-law to amend Zoning By-law 304-87, as amended (Kylemore Post Road Limited [Village Grocer], 4472 and 4476 16^th Avenue - To allow for the construction of a supermarket with offices on the second floor).

(Other Business Item No. 1)

BY-LAW 2009-58 A by-law to amend Zoning By-law 177-96, as amended (Kylemore Post Road Limited [Village Grocer], 4472 and 4476 16^th Avenue - To allow for the construction of a supermarket with offices on the second floor).

(Other Business Item No. 1)

BY-LAW 2009-59 A by-law to amend Zoning By-law 177-96, as amended (Angus Glen Village Ltd. - West Village (Phase 1), south of Major Mackenzie Drive, east of Glenbourne Park Drive - Add holding zone provision to restrict any use of lands unless and until servicing allocation is reallocated to these lots).

(Item No. 1, Report No. 24, 2009)

BY-LAW 2009-60 A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 and Parking By-law 2005-188 (Update the list for Enforcement Officers, Parking Enforcement Agencies and Tagging Locations).

BY-LAW 2009-61 A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of W1/2 of Lot 8, Concession 9, designated as Parts 8, 14 and 15, Plan 65R-27985, Part of West Half of Lot 8, Concession 5, designated as Parts 7 and 8, Plan 65R-23852 and Part of Lot 9, Concession 5, designated as Parts 3 and 4, Plan 65R-23901 - Enterprise Boulevard).

CARRIED

13. IN-CAMERA ITEMS

Council considered the following In-Camera Item Nos. (1) and (2) during the regular portion of the meeting and did not go into in-camera session:

REPORT OF DEVELOPMENT SERVICES COMMITTEE- May 19, 2009

(1) ZONING BY-LAW AMENDMENT TO FACILITATE
A SEVERANCE AT 19 OAKCREST AVENUE (10.5)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the Staff report dated May 19, 2009, entitled “RECOMMENDATION REPORT, Shiu Bing Kwan & Chak Suen Kwan, Zoning By-law Amendment to facilitate a severance at 19 Oakcrest Avenue, (ZA 07 118576)” be received; and,

2) That the record of the Public Meeting held on March 18, 2008 regarding the proposed Zoning By-law Amendment be received; and,

3) That Council direct the Town Solicitor and Staff to attend the Ontario Municipal Board Hearing to oppose the Zoning By-law Amendment application (ZA 07 118576); and,

4) That the Town Solicitor is authorized to retain an external planning witness to oppose the application; and further,

5) That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

CARRIED

(2) CLEGG ROAD AND COURTYARD LANE PROJECT UPDATE (5.10)

Moved by Councillor A. Chiu

Seconded by Regional Councillor G. Landon

1) That the confidential report dated May 19, 2009, entitled “Clegg Road and Courtyard Lane – Project Update” be received; and,

2) That staff be authorized and directed to take the actions set out in this report, including the execution of documents.

CARRIED

14. CONFIRMATORY BY-LAW

Moved by Councillor A. Chiu

Seconded by Councillor V. Burke

That By-law 2009-62 be given three readings and enacted.

Three Readings

BY-LAW 2009-62 A by-law to confirm the proceedings of the Council meeting of May 26, 2009.
(Council Meeting No. 9, 2009)